Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:11539]
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 379 of 2023
Sukla @ Sukhlal Saha (aged about 54 years) son of Dwarika Saha, Resident of Village Kelabari, P.O. Chowkidhab P.S. Radhanagar, District Sahebganj (Jharkhand) PIN code-816108. (Owner of Vehicle JH 15 G 3385).
..... … Appellant
Versus
1. Monsa Hansda Son of Late Babulal Hansda
2. Manju Merry Hansda daughter of Late Monsa Hansda
3. Jyoti Hansda daughter of Monsa Hansda
All are resident of Village Saltipokhar, P.S.- Radhanagar. Post-Chowkidab, District-Sahebganj (Jharkhand), PIN code-816108 (Jharkhand)
Presently residing at village- Mahuadanga, Post-Pakur, P.S. Pakur Nagar, District-Pakur (Jharkhand).
4. Future General Insurance Company Limited, Branch Office, 1st Floor, Sabitri complex, Near ICICI Bank, Station Road, Deoghar, Post and P.S. Deoghar District: Deoghar (Jharkhand).
..... … Respondents
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Appellant : Mr. Arvind Kumar Lall, Advocate. For Resp. Nos. 1 to 3 : Mr. P.K. Rahul, Advocate. For the Resp. No. 4 : Mr. V.R. Marki, Advocate. ------
10/ 16.04.2025 Heard Mr. Arvind Kumar Lall, learned counsel appearing for the appellant, Mr. P.K. Rahul, learned counsel appearing for the respondent Nos. 1 to 3, who are the claimants and Mr. V.R. Marki,
learned counsel appearing for the respondent No. 4-insurance company.
2.
This appeal is preferred against the award dated 28.08.2023, passed in Motor Accident Claim Case No. 66 of 2018, by the learned District Judge-II-cum-P.O., M.A.C.T., Pakur.
3.
Mr. Lall, learned counsel appearing for the appellant submits that the appellant is the owner of the vehicle in question and the present appeal has been preferred by the owner for setting aside the
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award. He submits that the learned tribunal has fastened the liability upon the owner of the vehicle, as such, the said award may kindly be set aside.
4.
Learned counsel appearing for the claimants and the learned counsel appearing for the insurance company jointly submit that this court has taken lenient view of the matter and by order dated 12.02.2025, an opportunity was provided to the appellant herein to compromise the case and the matter was sent to DLSA, Pakur, in spite of that the appellant has not appeared before the Member Secretary, DLSA, Pakur, in view of that this appeal may kindly be dismissed.
5.
There is clear cut finding of the learned tribunal that the vehicle in question, bearing registration No. JH-15-G-3385 was not insured and the alleged accident was taken place on 10.05.2018, in view of that the insurance company has been exonerated and the learned tribunal has directed the appellant herein to pay the compensation to the tune of Rs. 10,45,000/- with interest @ 6% per annum from the date of filing of the claim case till the final realization of the awarded amount in favour of the claimants.
6.
Even in the appeal, learned counsel appearing for the appellant has not been able to prove that the vehicle in question at the time of alleged accident was insured, in view of that, there is no illegality in the impugned award. As such, this appeal is dismissed. Pending I.A., if any, stands dismissed.
7.
The statutory amount, deposited before this court be transmitted back to the learned tribunal, which will be utilized in satisfying the award of the claimants.
(Sanjay Kumar Dwivedi, J.) Amitesh/-